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  #1  
Old 11-06-2009, 02:18 PM
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aggravated DWI

A good friend of mine was arrested a few weeks ago for an aggravated DWI with a BAC of .25 in the state of New York. He has no prior offenses and has never been arrested. His first hearing is coming up in a couple of weeks and I am wondering if anyone knows what he can expect? He has a public defender if that matters. Having never been arrested myself I don't really know how the process works.
Thanks!
  #2  
Old 11-06-2009, 02:42 PM
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This is Aggravated DWI. .25 is a way dangerous BAC for even standing let alone driving.

$1000-2500 fine.
Possible jail up to 1 year
Loss of license for at least a year

Arraignment, preliminary hearings, pretrial conference, trial, depending on what defense he intends to mount.
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  #3  
Old 11-06-2009, 03:58 PM
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thanks, not good news but then again its his own fault. Is jail time likely?
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Old 11-06-2009, 03:59 PM
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[url=http://www.nydmv.state.ny.us/dmvfaqs.htm]NYS DMV - Frequently Asked Questions[/url]

Depending on the County ( some do not take plea deals anymore - As NY has toughened penalties for DWI ) , possibly Fine,probation , license revocation ,DWI courses paid for by the violator.
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  #5  
Old 11-06-2009, 09:46 PM
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What county and city/town/village did this occur in?
  #6  
Old 11-07-2009, 08:51 PM
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Monroe county, city of Rochester
  #7  
Old 11-07-2009, 09:14 PM
BL BL is offline
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Quote:
Originally Posted by happypagan View Post
Monroe county, city of Rochester
The DA. doesn't deal with Felonies ,( as you may have heard , an X DA. was criticized from letting them slip through the cracks ) , but if this is your first offense ever , I can't see jail time .

Even first time felons with DWIs , as long as there is no injuries,etc. are offered probation.
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  #8  
Old 11-07-2009, 09:17 PM
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Jail time is highly unlikely. I wouldn't worry too much about the jail part.
  #9  
Old 11-09-2009, 05:50 PM
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thanks so much for your replies!
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